Director of Public Prosecutions (DPP) Renson Igonga has asked the court to step in and speed up the Kianjakoma brothers’ murder case, citing delays caused by the continued absence of one of the accused.
The case was heard on Monday, with the prosecution noting that it was the first time the matter had come before the current presiding judge this year, despite being in the judicial system for more than three years.
"We will be seeking the court's intervention so that we may proceed with this matter. We will also be looking into the cancellation of bond terms. The interest of justice is twofold—both for the accused and the victims," the prosecution stated.
The prosecution further urged the court to issue orders compelling the accused persons to appear either in person or virtually.
"We will request court orders to have the accused presented before this court as soon as possible," the DPP said.
One of the accused, James Mwaniki, did not appear in court Monday morning. Through his lawyer, Danstan Omari, the court was informed that Mwaniki is unwell and admitted to Thika Level 5 Hospital. The defence requested an adjournment of the proceedings to Tuesday.
In response, the court gave the defence three options: to either request that the Deputy Registrar visit Thika Hospital to verify if Mwaniki is indeed admitted, determine whether he is in a condition to participate in the trial while hospitalised, or provide medical documentation to support the claim of illness.
The family of the victims echoed the prosecution's concerns and called for urgent judicial action.
"As the victims' family, we are asking this court to order that he appear in court and cancel his bond terms, or even allow him to appear virtually so we can proceed," a family representative told the court.
The case involving the deaths of Benson Njiru and Emmanuel Mutura, two brothers from Kianjakoma in Embu County, sparked national outrage in 2021 and calls for police accountability.
The accused, including police officers, are out on bond.
This week's hearing had been scheduled to run for five consecutive days.
The court will make a ruling on the prosecution's requests and the issue of Mwaniki's absence.
